Argued
May 29, 2019
Procedural
History
Action
to recover damages for, inter alia, violation of the
Connecticut Unfair Trade Practices Act, and for other relief,
brought to the Superior Court in the judicial district of
Hartford, where the defendant was defaulted for failure to
comply with a court order; thereafter, the court,
Huddleston, J., granted the defendant's motion
to open the default; subsequently, the matter was tried to
the court; judgment for the plaintiff, from which the
defendant appealed to this court; thereafter, the court,
Huddleston, J., granted in part the plaintiff's
motion for attorney's fees and costs; subsequently, this
court dismissed in part and affirmed in part the judgment of
the trial court; thereafter, the Supreme Court denied the
defendant's petition for certification to appeal;
subsequently, the court, Huddleston, J., granted in
part the plaintiff's motion for supplemental
attorney's fees and costs, and the defendant appealed to
this court. Affirmed.
Kenneth A. Votre, for the appellant (defendant).
Richard F. Wareing, withwhom was Daniel S. Blinn, for the
appellee (plaintiff).
Keller, Bright and Devlin, Js.
OPINION
PER
CURIAM.
The
defendant, A Better Way Wholesale Autos, Inc., appeals from
the judgment of the trial court awarding supplemental
attorney's fees to the plaintiff, Sharay Freeman. In the
underlying action, the plaintiff brought a two count
complaint in which she claimed a violation of the Connecticut
Unfair Trade Practices Act, General Statutes § 42-110a
et seq., and fraudulent misrepresentation related to the
defendant's failure to refund the plaintiff's $2500
deposit for an attempted sale of a used vehicle. The trial
court found in favor of the plaintiff on both counts, and
this court affirmed the judgment on appeal. See Freeman
v. A Better Way Wholesale Autos, Inc., 174 Conn.App.
649, 651, 166 A.3d 857, cert. denied, 327 Conn. 927, 171 A.3d
60 (2017). On August 17, 2017, the plaintiff filed with the
trial court a motion for supplemental attorney's fees.
After an evidentiary hearing, the trial court subsequently
granted in part the plaintiff's motion for supplemental
attorney's fees and awarded her $49, 980.
In the
present appeal, the defendant claims that the court (1) erred
in awarding the plaintiff supplemental attorney's fees,
and (2) abused its discretion in awarding attorney's fees
in the amount of $49, 980. We disagree.
Our
examination of the record on appeal and the briefs and
arguments of the parties persuades us that the judgment of
the trial court should be affirmed. Because the trial
court's memorandum of decision fully addresses the
arguments raised in the present appeal, we adopt its concise
and well reasoned decision as a proper statement of the
relevant facts and the applicable law on the issues. See
Freeman v. A Better Way Wholesale Autos, Inc.,
Superior Court, judicial district of Hartford, Docket No.
CV-13-6045900-S (May 3, 2018) (reprinted at191 Conn.App.,
A.3d). It would serve no useful purpose for us to repeat the
discussion contained therein. See, e.g., Woodruff v.
Hemingway, 297 Conn. 317, 321, 2 A.3d 857 (2010);
National Waste Associates, LLC v. Travelers Casualty
& Surety Co. of America, 294 Conn. 511, 515, 988
A.2d 186 (2010); Tuite v. Hospital of Central
Connecticut, 141 Conn.App. 573, 575, 61 A.3d 1187
(2013); Nestico v. Weyman, 140 Conn.App. 499, 500,
59 A.3d 337 (2013);Green v. DeFrank, 132 Conn.App.
331, 332, 33 A.3d 754 (2011).
The
judgment is affirmed.
APPENDIX
Superior
Court, Judicial District of Hartford File No. CV-13-6045900-S
Memorandum
filed May 3, 2018
Proceedings
Memorandum
of decision on plaintiff's motion for supplemental
attorney's fees and costs. Motion granted in
part.
Daniel
S. Blinn, for the plaintiff.
Kenneth
A. Votre, for the defendant.
OPINION
HUDDLESTON, J.
The
plaintiff, Sharay Freeman, seeks $65, 791.24 in supplemental
attorney's fees and costs pursuant to the Connecticut
Unfair Trade Practices Act (CUTPA), General Statutes §
42-110a et seq., incurred in defending an appeal by the
defendant, A Better Way Wholesale Autos, Inc. The court
previously found the defendant liable under CUTPA and
common-law fraud for misleading the plaintiff about the
refund-ability of a $2500 deposit on a used car. (# 132.) The
plaintiff was awarded $2500 in compensatory damages, $7500 in
punitive damages, and, in a subsequent decision, $26,
101.50in attorney's fees. (# 148.) The Appellate Court
affirmed the judgment, and the Supreme Court denied the
defendant's petition for certification to appeal. See
Freeman v. A Better Way Wholesale Autos, Inc., 174
Conn.App. 649, 166 A.3d 857, cert. denied, 327 Conn. 927, 171
A.3d 60 (2017).
The
defendant objects to the motion for supplemental
attorney's fees. (# 153.) The court heard argument on the
motion on April 3, 2018, and held an evidentiary hearing on
April 13, 2018, at which the plaintiff's appellate
attorney testified. For the reasons stated below, the ...